Federal Employee Medical Retirement: The Human Narrative

Ultimately, of course, a Federal Disability Retirement application under either FERS or CSRS is based upon a “human narrative” — delineating, describing and revealing (sorry — I could not think of an appropriate third word in this attempted alliteration which begins with the letter “d”) an individual’s story of one’s medical condition, the impact upon such condition upon one’s ability/inability to perform the essential elements of one’s job, and the further impact upon one’s routine of daily living (yes, we tend to forget that third part on SF 3112A, which asks about how one’s medical condition impacts other aspects of one’s life).  

Is it a story which “touches” someone at the Office of Personnel Management?  If one reads enough of the denial letters from the Office of Personnel Management (and only an attorney who handles such cases would have access to denial letters other than the one which is addressed to a particular applicant), one begins to realize that the Case Worker at the Office of Personnel Management is merely applying a set of legal criteria in a mechanical, almost assembly-line like manner.  

There is very little humanity involved in the review and determination by the Office of Personnel Management.  Now, one may argue that there could not be “another way” of making a determination — for, to show human emotion, compassion, sympathy or empathy would be contrary to the mandate of “the law”, and that is probably true.  One hopes, however, that the human narrative which is described in the Applicant’s Statement of Disability touches — in some way — such that it triggers a determination of approval based upon the law.  This, because if it is merely “the law” which is applied by OPM, then that implies that one must “know the law”; and knowledge of the law is rarely shown, and even more rarely applied, by the Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Right Time

For each Federal and Postal employee, there is a “right” time to file for Federal Disability Retirement benefits under FERS & CSRS.  By “right time”, I do not mean as to the proper timing in the actual filing of a Federal Disability Retirement case — i.e., whether it should be before or after separation from service, whether at the end of the year, the beginning of the year, etc.  No, by “right” time, I refer to the time when a Federal or Postal employee — that person who has put in all of those many years of loyal service, managed through pain, discomfort, overwhelming stresses, anxieties, fears, chronic and intractable pain, etc. — comes to the conclusion that he or she cannot continue in this mode of existence anymore.  Whether or not a Federal Disability Retirement case is filed with an agency or at the Office of Personnel Management in one month as opposed to another, is ultimately not of great importance; whether a person who is suffering from a medical condition for months, or years, and has been adept at hiding the daily pain and suffering — whether that person has come to a decision that it is now the “right time” to file for disability retirement, makes all the difference.  Each person must find that right time.  “How” and “when” are the two questions which must be answered, and only the Federal or Postal employee who is contemplating filing for Federal Disability Retirement benefits under FERS or CSRS can answer such questions.

Sincerely,

Robert R. McGill, Esquire